On June 26, 2023, Connecticut Governor Ned Lamont signed SB1058 into law, which both amends and adds to Connecticut's telemarketing law. The amendments go into effect on October 1, 2023. As discussed below, there are several significant revisions to Connecticut's telemarketing law. Unlike the Telephone Consumer Protection Act ("TCPA") and many of its state level equivalents (which usually award between $500 and $1,500 per violation), Connecticut allows for up to $20,000 per violation. Because of the steep cost for statutory violations, the revisions detailed below are especially important.
New Notable Connecticut Telemarketing Law Requirements
- Unlike the TCPA, and most state telemarketing laws, Connecticut limits telemarketing calls to "between the hours of nine o'clock a.m. and eight o'clock p.m. local time." Other federal and state telemarketing laws generally restrict calls to the hours of 8:00am and either 8:00pm or 9:00pm, local time of the call recipient.
- Consistent with many recent state statutory changes, Connecticut has added a rebuttable presumption that all calls placed, or text messages sent, to a telephone number with a Connecticut area code are made to Connecticut State residents.
- Unlike some state mini-TCPA laws, Connecticut's telemarketing law does not limit the number of calls or text messages that can be sent to a consumer in a given 24-hour period.
- Within the first ten seconds of all telemarketing calls to Connecticut residents (and area codes), the caller must identify "such person's identity, the purpose of such telephonic sales calls and the identity of the entity for which such person is making such telephonic sales call."
- Similar to recent amendments to New York's telemarketing laws, Connecticut's telemarketing law requires that at the beginning of each telemarketing call, the consumer be asked "whether such consumer wishes to continue such telephonic sales call, end such telephone sales call or be removed from such person's list."
- Connecticut's telemarketing law contains a more detailed definition of "telemarketing sales call" than most other states. For example, unlike New Jersey, which defines "telemarketing sales calls" to apply to all commercial telephone calls, Connecticut's definition specifically includes calls "made by way of live voice, an automated dialing system, a recorded message device, soundboard technology," text or media messaging.
- Importantly, the amendments generally prohibit telemarketers from making telephonic sales calls to consumers without first obtaining the consumer's prior express written consent.
What Does This Mean in Practice?
Connecticut is just the latest example of ongoing changes to state telemarketing laws. However, unlike Florida, which recently scaled back its mini-TCPA equivalent, Connecticut has amended its telemarketing laws to be more restrictive for the marketing industry. We expect to continue to see more changes on the state level in the coming months. As the regulatory arena continues to evolve, it remains more important than ever to retain telemarketing lawyers that are up to date with the changing landscape. This is especially important in states like Connecticut where penalties of up to $20,000 per violation are possible.
In light of Connecticut's small population size and high risk potential, businesses should use extreme caution when telemarketing at all in the State.
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